Huey v. State
Court of Appeals of Georgia
Conviction of assault with intent to rape; from Mitchell superior court — Judge Park. October 29, 1909. Ernest Huey was convicted of an assault with intent to rape. Iiis motion for a new trial being overruled, he excepted. The following is a substantial statement of the evidence: The female alleged to have been assaulted was fifteen years old and recently married to the defendant’s brother.
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Conviction of assault with intent to rape; from Mitchell superior court — Judge Park. October 29, 1909. Ernest Huey was convicted of an assault with intent to rape. Iiis motion for a new trial being overruled, he excepted. The following is a substantial statement of the evidence: The female alleged to have been assaulted was fifteen years old and recently married to the defendant’s brother. The defendant was a young man attending school, and lived in the same house with his brother and his sister-in-law. On Wednesday, in company with her husband, she went to visit Her parents. Pier father…
1Opinion of the CourtHill, C. J.
(After stating the foregoing facts.)
In prosecutions for rape or assault with intent to rape, the rule in this State, in harmony with the weight of authority, both in England and in the United States, is that when the complaint made by the injured female does not constitute a part of the res gesteo, *401the details ox particulars of the complaint can not he introduced in evidence, in the first instance, by the State.- On direct examination the prosecution can prove the fact that complaint of the injury was made by the injured female, and when, and to, whom she made it; and these facts can be shown…
2Cases cited10 opinions
- Stephen v. StateSupreme Court of Georgia · 1852
- Bines v. StateSupreme Court of Georgia · 1903
- McMath v. StateSupreme Court of Georgia · 1875
- Lowe v. StateSupreme Court of Georgia · 1896
- Oleson v. StateNebraska Supreme Court · 1881
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3Cited by10 opinions
- Stokes v. StateCourt of Appeals of Georgia · 1917
- Epps v. StateSupreme Court of Georgia · 1961
- Davis v. StateSupreme Court of Georgia · 1947
- Creswell v. StateCourt of Appeals of Georgia · 1940
- Evans v. StateSupreme Court of Georgia · 1938
5 more not listed; retrieve them via the Exa API.